Landlord Wins Bad Faith Eviction Case: Butler v Kaur 2024
Landlords rebutted presumption of bad faith in Amherstburg N12 eviction case, tenant's $41900 claim dismissed
Summarized by RentZenLast updated: October 13, 2024
Case Summary
315 Lavers Cres, Amherstburg, ON N9V0C1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2023
Tenancy End Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Aug 16, 2024
Dispute Summary
Tenant applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords served the Tenant with an N12 notice for personal use of the property, and the Tenant vacated the rental unit. The Landlords then sold the property two months after the Tenant vacated.
Determinations
- Home 2 Home Properties removed as a party
- Landlords rebutted presumption of bad faith
- Tenant did not prove Landlords acted in bad faith
Arguments and Actions
Landlord
Arguments
Landlords rebutted the presumption of bad faith by providing evidence of their intention to occupy the property and the change in their financial circumstances.
Actions
Landlords intended to move into the property when they served the N12 notice, but were forced to sell due to financial difficulties.
Tenant
Arguments
Tenant argued there is a presumption of bad faith as the Landlords sold the property within 1 year of the Tenant vacating.
Actions
Tenant vacated the rental unit on June 30, 2023 due to the N12 notice.
Decision Summary
The Tenant's application is dismissed. The Landlords rebutted the presumption of bad faith in serving the N12 notice, and the Tenant did not prove the Landlords acted in bad faith.
Adjudicator Details
LTB Member
Total Orders
89
Landlord Favorable
94.4%
Tenant Favorable
2.3%
Mutual Agreement
3.4%
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